Opinion
No. 73-907.
March 7, 1975. Rehearing Denied April 7, 1975.
Appeal from the Circuit Court, Sarasota County, Roy E. Dean, J.
L. Norman Vaughan-Birch, of Kirk, Pinkerton, Sparrow, McClelland Savary, Sarasota, for appellants.
Daniel A. Carlton, of Dart, Dickinson, O'Riorden, Gibbons Quale, Sarasota, for appellees.
Plaintiffs-appellants appeal from an adverse summary judgment in this negligence action. We reverse.
Appellants' car collided with a bull owned by defendants-appellees which had found its way onto the public highway. The issue herein is whether the bull was properly fenced under the "Warren Act." A careful review of the pleadings herein together with depositions on file persuades us that all the facts and inferences viewed in a light most favorable to plaintiffs-appellants preclude a determination that as a matter of law they cannot recover herein. In view whereof we think defendants-appellees have failed to demonstrate the non-existence of a genuine issue of material fact and that the entry of summary judgment was improper.
Chapter 588, F.S. 1971.
Accordingly, the summary judgment entered herein should be, and the same is hereby, reversed; and the cause is remanded for further proceedings not inconsistent herewith.
HOBSON, J., and SCHWARTZ, ALAN R., Associate Judge, concur.